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the policy of the united states since 9/11, including the bush administration, and the obama administration, for terror suspects apprehended within the united states to be treated in the federal system. there are two brief exceptions to that under the bush administration, even though two exceptions were treated in the civilian system. >> let me jump in. because senator graham was saying on fox just last night, or today, i'm fine with him getting tried in federal court. this is just about the initial designation. >> right. it's very difficult to actually designate somebody under the laws of war as an enemy combatant and not give them the rights and then try to drop them into the civilian system. you set yourself up when you do that. >> no -- >> let m point, jay. you set yourself up for all kinds of extensive challenges. there isn't a problem here. what you have i think is an enormous amount of public support right now for the job that law enforcement has done. and for senators who are not immediately involved in this thing, and many whom aren't even lawyers or been inside a court of law for
they want to. >> this is a matter of policy under the bush and especially the obama administration, connecting jihad holy war and islamists who embrace it and believe it is their god-directed obligation to engage in it with the attacks or terrorism we are supposed to be defending ourselves against has been impermissible. this is crazy and it has created, i think, vulnerabilities as has frankly the lessening of the engagement of the public in this war. you have been talking about it all morning the public helped enormously once those pictures wept up. it's very much the case that we need to have the public on the case all the time. it's kind of a question of are we on a war footing in the face of this jihadist threat. this global jihadist threat or aren't we? unless and until we are, i think we will wind up having a lot moornd worse of these kind of attacks. >> brian: do you believe there are other people involved with these two? >> there were other people involved certainly in providing, i suspect, freezing rain structure, training and support. we need to find them, too. >> brian:
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